United States Supreme Court Cases & Opinions

U.S. Supreme Court

Chipman, Ltd. v. Thomas B. Jeffrey Co., 251 U.S. 373 (1920)

Chipman, Limited v. Thomas B. Jeffrey Company

No. 516

Submitted December 8, 1919

Decided January 19, 1920

251 U.S. 373

Syllabus

By the law of New York, when a foreign corporation, as a condition to doing local business, appoints an agent upon whom process may be served and subsequently removes from the state, service on such agent, though his appointment stand unrevoked, will not confer jurisdiction in an action by a local corporation upon a contract between it and such foreign corporation but made and to be performed in another state when it is not shown that anything was done in New York in the way either of performance or breach of the contract, and it is not material that the foreign corporation was there doing business during a period when the contract was made and should have been performed. P. 251 U. S. 378.

Page 251 U. S. 374

Such a case must be dismissed for want of jurisdiction upon removal to the district court from the Supreme Court of New York. Id.

260 F.8d 6 affirmed.

The case is stated in the opinion.

Page 251 U. S. 376